GXK -v- Lancashire County Council (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: QB-2017-005358

In the High Court of Justice
King’s Bench Division

6 March 2024

Before:

Master Davison

Between:

GXK
(A child, acting through her litigation friend, the Official Solicitor)

-v-

Lancashire County Council

………………………………………………………………………………………………………………………………………………………………………………………..

ANONYMITY ORDER

BEFORE Master Davison sitting at the Royal Courts of Justice, Strand, on 6 March
2023 in a hearing via video link

UPON HEARING Mr Jim Duffy, Counsel for the Claimant, and Mr James Weston,
Counsel for the Defendant

AND UPON

(1) Consideration of the Article 8 rights of the Claimant to respect for private and
family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant is necessary to
secure the proper administration of justice and in order to protect the interests of
the Claimant and that there is no sufficient countervailing public interest in
disclosure.
(3) The Defendant indicating its neutrality to the making of the order and there being
no representations from the press or any other interested party.


AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C,
5.4D and 39.2(4)


WHEREAS for the purposes of this order:


(1) ‘Publication’ includes any speech, writing, broadcast, or other communication
in whatever form (including internet and social media), which is addressed to
the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as
defined in subparagraph (i) above) from the date of this Order, even if such
information has derived from a previous stage or stages of these proceedings.


IT IS ORDERED THAT:

  1. The identity of the Claimant as a party to these proceedings is confidential and
    shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of
    these proceedings or other publication the name or address of the Claimant, or
    other immediate family members, or any details (including other names,
    addresses, or a specific combination of facts) that could lead to the identification
    of the Claimant in these proceedings. The Claimant shall be referred to as set
    out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by
    whatever medium) in relation thereto:
    (i) The Claimant shall be referred to as “GXK”.
    (ii) Any other details which, on their own or together with other information
    publicly available, may lead to the identification of the Claimant (including
    any names of other immediate family members or their addresses) shall
    be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (i) A person who is not a party to the proceedings may not obtain a copy of
    a statement of case, judgment or order from the Court records unless
    the statement of case, judgment or order has been anonymised in
    accordance with subparagraphs 3(i) to (iii) above.
    (ii) If a person who is not a party to the proceedings applies (pursuant to
    CPR r.5.4C(1B) or (2)) for permission to inspect or obtain a copy of any
    other document or communication, such application shall be on at least
    7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  5. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the
    statements of case that has been anonymised in accordance with paragraph 3
    above by 1 April 2024 and re-filed in the event that any statement of case is
    amended, within 21 days of such amendment being approved.
  6. The Court file shall be clearly marked with the words “An anonymity order was
    made in this case on 6th March 2023 and any application by a non-party to inspect
    or obtain a copy document from this file must be dealt with in accordance with
    the terms of that Order.”
  7. Any interested party, whether or not a party to the proceedings, may apply to the
    Court to vary or discharge this Order, provided that any such application is made
    on 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity
    Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order
    shall be published on the Judicial Website of the High Court of Justice
    (www.judiciary.uk). For that purpose, a court officer will send a copy of the order
    by email to the Judicial Office at judicialwebupdates@judiciary.uk..
  9. The costs of obtaining this order be costs in the case.

    DATED 6th March 2024